Police are continuing to probe the shooting to death a week ago of ice cream vendor, Cosley Beharry of Maran, St. John's.
Beharry was shot in the area of his chest on Christmas Day at about 7:00 p.m. by small businessman, Kelvin Antoine, also known as Pussy of Black Bay, St. John's. The incident took place outside of Beharry's house.
The shooting incident arose from an earlier altercation Beharry had with his stepdaughter who is Pussy's daughter.
Shortly after the shooting, police detained Pussy to assist them with their investigation. He has since been released pending further investigations.
The release of the murder-suspect has attracted national attention, especial by the relatives of the deceased man.
However, the Police Act, Caption 244, Section 22, subsection 3 states "it shall be lawful for any police officer to detain for questioning, for a period not exceeding 48 hours, any person whom he believes upon reasonable suspicion to have committed or about to commit a criminal offence."
Attorney representing Pussy, Derick Sylvester told the media that to have kept his client in custody without a charge beyond 48 hours would have been a violation of his human rights.
Sylvester said it is premature at this stage to say that his client would not be charged.
"Yes he (Pussy) has been released because the law says that after 48 hours if that person is not charged then they should not be kept in custody for ever. But that does not mean that that person may not be charged tomorrow," he remarked.
Pussy was detained on the night of December 25 and released on December 27 just about 6:00 p. m. He was kept in custody for a total of about 46 hours.
Informed sources told GRENADA TODAY the police have so far collected approximately five witness statements which point to the accused man acted in self defense.
Sylvester also stated that from what his client told him about the circumstances surrounding the incident he acted in self defence.
The defence attorney indicated that should the police gather new evidence from what was already obtained his client could then be charged for the shooting to death of Beharry.
"If there is not a sufficient case made out, then one ought not to be charged," he said.
Sylvester spoke highly of the Director of Public Prosecutions (DPP), Christopher Nelson being professional in the execution of his duties.
"If there are evidence before him (Nelson) that substantiate a charge, it does not matter who that person is, he (DPP) is going to proceed in that direction. And I could say so with the utmost boldness that he, Mr. Christopher Nelson, is a professional. It does not matter who it is. If tomorrow he has to prosecute any particular person, he is going to do that once there is sufficient evidence," he said.
In the unlikely event that a charge is not laid on Pussy, the law of the land has the right to probe Beharry's death through a Coroner's Inquest.
During the Coroner's Inquest four questions are to be determined - what was the cause of death, where did the person die, when the person died, and how the person died?
If at the conclusion at the Coroner's Inquest the DPP is of the opinion that someone should be held responsible for the death of the individual, that person could be charged for murder or manslaughter.
Sylvester spoke of his 47-year old client being remorseful that an incident of that nature involving him has happened.
"He did not contact the family (of the deceased man), but his relatives contacted the family expressing remorse, regret and sorry for what happened on that fateful night," he said.
